Ordinance 818 ORDINANCE N0. 818
AN ORDINANCE AMENDING ORDINANCE NO. 391 OF THE CITY OF
MIAMI BEACH, FLORIDA, Effl'ITLED: "AN ORDINANCE PROVIDING
• FOR AND REQUIRING THE LICENSING OF ALL PERSONS, FIRMS
AND CORPORATIONS SELLING, MANUFACTURING OR RECTIFYING
LIQUORS AND BEVERAGES CONTAINING ALCOHOL; DEFINING
CERTAIN TERMS AS SET FORTH HEREIN; PROVIDING THAT NO
LICENSE SHALL BE TRANSFERABLE AND NO EXEMPTION FROM
LICENSE TAXES SHALL BE HAD; PROVIDING AND FIXING THE
AMOUNT OF LICENSE FEES; PROVIDING FOR APPLICATION AND
ADVERTISING THEREOF; MAKING IT UNLAWFUL TO SELL
LIQUORS AND ALCOHOLIC BEVERAGES TO CERTAIN PERSONS;
FIXING CERTAIN HOURS WHEN LIQUOR OR ALCOHOLIC BEVERAGES
MAY NOT BE SOLD OR DELIVERED IN THE CITY OF MIAMI BEACH:
PROHIBITING CURB SERVICE OF LIQUORS AND INTOXICATING
BEVERAGES EXCEPT BEER; PROHIBITING THE SALE OF LIQUOR
OR INTOXICATING BEVERAGES AT ANY GASOLINE FILLING
STATIONS; CREATING POSITION OF LIQUOR INSPECTOR AND
PRESCRIBING THE DUTIES THEREOF; PROVIDING FOR CERTAIN
RESTRICTIONS ON THE PREMISES WHERE LIQUORS AND ALCOHOLIC
BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRESCRIBING
REGULATIONS FOR THE HANDLING OF INTOXICATING LIQUORS;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI-
NANCE, AND PROVIDING THAT THE CITY COUNCIL MAY REVOKE
A LICENSE AS ISSUED UNDER THIS ORDINANCE; REPEALING
ALL LAWS AND PART OF LAWS IN CONFLICT HEREWITH; DE-
CLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That Section 2 of Ordinance No. 391 of the City of Miami
Beach, Florida, be ar.d the same is hereby amended by striking
and eliminating therefrom the last paragraph thereof, reading as follows:
"Provided, further, that no license shallissue as a matter
of course, unless the applicant therefor shall have held a
license for the same location for which he seeks a renewal,
which previous license was in force during a portion of the
license year immediately preceding the year for which a re-
newal license is sought, except, however, that in case of
premises occupied by licensees hereunder taken over by a
governmental agency, license for such premises may be re-
newed by such licensees as a matter of course at any time
within six months after the surrender of such premises by
such governmental agency."
SECTION 2: That Section 4 of Ordinance No. 391 of the City of Miami
Beach, Florida, be and the same is hereby amended to read
as follows:
"SECTION 4: No license issued under the provisions of this
ordinance shall be transferable or assignable from one per-
son, firm or corporation, to another person, firm or corpora-
tion, nor from one location to another, except as follows:
(a) If the licensee be a firm, the membership of said firm
may be changed with the consent of the City Council first had
and obtained. Provided, however, that if the membership of
a firm shall be changed without the consent of the City Coun-
cil, the license held by said firm may be revoked in the
discretion of the City Council.
(b) If the licensee be a corporation, the officers of said
corporation may be changed and/or the stock in said cor-
poration may be transferred with the consent of the City Coun-
cil first had and obtained. Provided, however, that if the
officers of a licensed corporation shall be changed, or if any - -
of the stock of such corporation be transferred, without the
consent of the City Council, then, and in either of said
events, the license held by said corporation may be revoked in
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the discretion of said City Council.
(c) When the holder of a license hereunder shall have made a bona fide
sale of the business for which he is licensed, he may, by and with the
consent of the City Council, transfer said license to the purchaser of
said business, provided, however, that the proposed transferee of any
such license shall be bound by and required to comply with all of the
provisions of Section 2 of this Ordinance.
(d) In the event of the death of a vendor, licensed under this ordi-
nance the license of such vendor, by and with the consent of the City
Council, may be transferred to the executor, administrator, heir or
legatee of said vendor, provided, however, that the proposed transferee
of any such license shall be bound by and required to comply with all
of the provisions of Section 2 of this ordinance.
(e) A vendor, licensed under sub-section (g) or sub-section (h) of
Section 7 of this ordinance, may, by and with the consent of the City
Council first had and obtained, transfer the license of such vendor to
a new location, provided that such new location is not more than 300
feet from the location for which said license was issued, said distance
to be measured in an air line from main entrance to main entrance.
Before any license shall be transferred, as in this Section provided,
there shall be paid to the City Clerk an amount equal to one-seventh
of the annual license fee provided in Section 7 of this ordinance for
such license."
SECTION 3: That Section 4 of Ordinance No. 391 of the City of Miami
Beach, Florida, be and the same is hereby amended to read
as follows:
"SECTION 4 -: Except in hotels containing 50 or more guest rooms, or
in bona fide restaurants as defined herein, no license shall be issued
to a retail vendor to sell beverages, containing alcohol of more than
one per cent by weight, and not more than fourteen per cent by weight,
and wines, regardless of alcoholic content, as provided in Sub-section
(j) of Section 7 hereof, in any place of business located within 300
feet in an air line measured from Main entrance to Main entrance from
any place of business in which there is already a retail vendor licensed
under Sub-section (j) of Section 7 hereof, nor shall such license be
issued during the period in which a license for a place of business
within said distance is renewable as a matter of course as provided in
Section 2 hereof.
No licenses shall be issued for the sale of intoxicating beverages with-
in the corporate limits of the City of Miami Beach by vendors operating
places of business where beverages containing alcohol of more than four-
teen per centum by weight are sold, as provided for in Sub-section (g)
and Sub-section (h) of Section 7 of this ordinance, in excess of one
license for each 1500 persons in said City according to the last preced-
ing Federal Census.
Nothing contained herein shall prohibit the issuance of licenses for the
sale of intoxicating liquor of more than fourteen per centum by weight,
in hotels having 100 or more guest rooms where the exterior of the hotel
in which the business is carried on shall not contain a store front in
connection with saidbusiness, andwhere the business so licensed shall
only be entered from within the building, in restaurants with a seating
capacity for 600 or more patrons and in which the roofed-in floor area
provided for dining tables or chairs in the room or portion of said
restaurant wherein food is served to guests, is not less than 4800 square
feet, in or on railroad property, including sleeping, dining, club and
other cars, in or on steamships, buses and airplanes where properly
licensed by state or other lawful authority, incorporated clubs, including
social clubs, in horse or dog racing plants, properly licensed and
authorized to operate by state authority, and no license issued for the
sale of intoxicating liquors of more than fourteen per centum by weight in
any of the places mentioned in this paragraph shall be counted or con-
sidered in computing the number of licenses permissible on the basis of
population as hereinabove set forth.
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Nothing contained herein shall restrict nor prohibit the continuance and
renewal from year to year as provided in Section 2 of this ordinance, nor
the transfer from one holder to another, as provided in Section 4 of this
ordinance, of licenses issued prior to June 16, 1947."
SECTION 4: That Section 7 of Ordinance No. 391 of the City of Miami Beach, •
• Florida, be and the same is hereby amended by striking and
eliminating therefrom, the following:
"Provided, further, that vendors may at any time obtain
licenses for periods of Six (6) months from date of
license upon payment of two-thirds (2/3) of the annual
license tax herein required."
SECTION a That Section 28 of Ordinance No. 391 of the City of Miami Beach,
Florida, be and the same is hereby amended to read as follows:
"SECTION 28: The terms and provisions of this ordinance
are subject to all of the provisions of Ordinance No. 402
and of Ordinance No. 289 of the City of Miami Beach, Florida."
SECTION 6: All ordinances and parts of ordinances in conflict herewith
are hereby repealed.
SECTION 7: This ordinance shall become effective immediately upon its
passage and posting as required by law.
PASSED and ADOPTED this 19th day of September A. D. , 1947.
Mayor
ATTEST: C. W. TOMLINSON,
ty Clerk
/ 41 , /
By: `i .._ . - •
Deputy City n/erk
1st reading - September 3, 1947
2nd reading - September 3. 191+7
3rd reading - September 19, 1947
Posted - September 19, 1947
STATE OF FLORIDA
COUNTY GP DADE:
I, C. W. TOMLINSON, City Clerk in and for the City of Miami
Beach, Florida, do hereby certify that Ordinance No. 818, entitled: "AN
ORDINANCE AMENDING ORDINANCE NO. 391 OF THE CITY OF MIAMI BEACH, FLORIDA,
ENTITLED: "AN ORDINANCE PROVIDING FOR AND REQUIRING THE LICENSING OF ALL
PERSONS, FIRMS AND CORPORATIONS SELLING, MANUFACTURING OR RECTIFYING LI-
QUORS AND BEVERAGES CONTAINING ALCOHOL; DEFINING CERTAIN TERMS AS SET
FORTH HEREIN; PROVIDING THAT NO LICENSE SHALL BE TRANSFERABLE AND NO
EXEMPTION FROM LICENSE TAXES SHALL BE HAD; PROVIDING AND FIXING THE
AMOUNT OF LICENSE FEES; PROVIDING FOR APPLICATION AND ADVERTISING THERE-
OF; MAKING IT UNLAWFUL TO SELL LIQUORS AND ALCOHOLIC BEVERAGES TO CERTAIN
PERSONS ; FIXING CERTAIN HOURS WHEN LIQUOR OR ALCOHOLIC BEVERAGES MAY NOT
BE SOLD OR DELIVERED IN THE CITY OF MIAMI BEACH; PROHIBITING CURB SERVICE
OF LIQUORS AND INTOXICATING BEVERAGES EXCEPT BEER; PROHIBITING THE SALE
OF LIQUOR OR INTOXICATING BEVERAGES AT ANY GASOLINE FILLING STATIONS;
CREATING POSITION OF LIQUOR INSPECTOR AND PRESCRIBING THE DUTIES THEREOF;
PROVILING FOR CERTAIN RESTRICTIONS ON THE PREMISES WHERE LIQUORS AND
ALCOHOLIC BEVERAGES ARE SOLD AND OFFERED FOR SALE; PRESCRIBING REGULATIONS
FOR THE HANDLING OF INTOXICATING LIQUORS; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE, AND PROVIDING THAT THE CITY COUNCIL MAY
REVOKE A LICENSE AS ISSUED UNDER THIS ORDINANCE; REPEALING ALL LAWS AND
PART OF LAWS IN CONFLICT HEREWITH; DECLARING THIS ORDINANCE TO BE AN
EMERGENCY MEASURE", having been passed and adopted by the City Council of
the City of Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, Florida, one of which was at the door
of the City Hall in said City on the 19th day of September, A. D. , 1947,
and that said Ordinance remained posted for a period of at least thirty
days in accordance with the requirements of the City Charter of the said
City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the
official seal of the City of Miami Beach, Florida, on this the 23rd day of
October, A. D. , 1947.
City Clerk
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